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View Full Version : T bounced first rent cheque (three times); can I evict?



arnold
30-01-2009, 16:48 PM
My tennants moved in on Jan 4th, I have received no payment from them whatsoever - no deposit, nothing. Their cheque bounced, they keep making up excuses.

As they have only been in the property one month, and I have never received any payment from them do I have to wait 2 months before doing anything? Or are the circumstances exeptional?

They have signed a contract, but I haven't signed it yet - could this help my situation?

jta
30-01-2009, 16:57 PM
If you have had no money at all I think there will be no contract, I'm not sure of the legal terms. You should always have cleared funds before you pass over the keys. (Sorry, I know it's obvious now). You might be able to class them as squatters. If they have not changed the locks wait till they go out and nip in, then you change the locks.
This is only my initial reaction and I am probably wrong, so wait for an answer from one of our legal types, I'd hate to get you into trouble.

arnold
30-01-2009, 17:00 PM
A good point with relation to changing the locks - but as you suggest I'll wait to hear if anyone has a legal perspective on this. I guess they've got belongings in there - so that will cause a problem.

I've learnt a valuable lesson about getting funds to clear before keys exchange. A letting agent dealt with the process - I think I might need to change agents!

jta
30-01-2009, 17:05 PM
A letting agent dealt with the process - I think I might need to change agents!

Also, you might want to think about claiming your losses from the LA through negligence.

Wait on, there's stacks of Agents on here to explain the ins and outs. :D

PaulF
30-01-2009, 17:39 PM
There's little to explain. Agent has failed in duty of care - see you in court would be my message!

jax2503
30-01-2009, 17:47 PM
hi Paul,

your very blunt and to the point. Just the way it should be. See you in court or agree a settlement before hand.

Jax

arnold
30-01-2009, 17:47 PM
Thank you for the advice. In terms of getting the people out of the flat do you know where I stand?

Cathroc
30-01-2009, 18:04 PM
Your LA has mis-managed the whole thing, it seems. Have T paid deposit and rent direct to the LA ? What I found when I had a LA was that T's rent left their A/C on the 5th but wasn't deposited in mine til the 25th.

arnold
01-02-2009, 14:27 PM
The LA has not received a deposit or rent from them, as the cheque bounced. They said they've been chasing, but I've got no option but to wait 2 months before issuing them with a section 8.

Because I've received nothing from them (ever!) I'm wondering if I have to wait 2 months? It's not like they've just defaulted for a month, I've never received anything from them.

jta
01-02-2009, 15:24 PM
You do not have to wait two months before issuing a S8, You need to have two months unpaid, that means one month and one day, (initial rent then next rent unpaid). You should be able to issue the S8, g8,10,11 on the 5th Feb.

Have a little caution here, if they do give you money as a result, say a month's rent, reducing what they owe, then the S8 will be voided. However if you were to treat that month's money as the deposit they would still owe you two months and after 14 days you can apply to the court for a hearing. If you do decide to treat it as a deposit , make sure you put it into one of the protection schemes, if you don't, you could be liable for a 3x penalty.

jta
01-02-2009, 15:26 PM
Further, since they have not paid anything at all, I think there is no tenancy, I'm surprised one of our legal members has not advised you.

Rodent1
01-02-2009, 15:32 PM
Further, since they have not paid anything at all, I think there is no tenancy, I'm surprised one of our legal members has not advised you.

You can also instruct a Debt collector immediately re Bounced cheque.
I would do this regardless.

The Rodent

jta
01-02-2009, 15:39 PM
Rodent. What do you think? Is there a tenancy or not?

jeffrey
01-02-2009, 20:42 PM
If the AST etc. reserves rent, there is a binding contract- rent is payable- and L can enforce it [e.g. Notice under s.8 on g8/10/11].

This is not a case where the Letting Agreement reserves no rent or only minimal rent.